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2012-10-23 Planning Comm MinutesPlanning Commission Minutes October 23, 2012 CITY OF MENDOTA HEIGHTS DAKOTA COUNTY, MINNESOTA PLANNING COMMISSION MINUTES October 23, 2012 The regular meeting of the Mendota Heights Planning Commission was held on Tuesday, October 23, 2012, in the Council Chambers at City Hall, 1101 Victoria Curve at 7:00 P.M. The following Commissioners were present: Chair Norton, Commissioners Field, Hennes, Magnuson, Noonan, and Viksnins. Those absent: Commissioner Roston. Those present were Assistant to the City Administrator Jake Sedlacek, Assistant City Engineer Ryan Ruzek, and NAC Planner Stephen Grittman. Minutes were recorded by Heidi Guenther. Approval ofAQenda The agenda was approved as submitted. Approval of September 24, 2012, Minutes COMMISSIONER FIELD MOVED, SECONDED BY COMMISSIONER VIKSNINS, TO APPROVE THE MINUTES OF SEPTEMBER 24, 2012, AS PRESENTED. AYES: 6 NAYS: 0 Hearin -as PLANNING CASE #2012 -28 Curt Skallerup of VIRGO, LLC 2250 Pilot Knob Road Conditional Use Permit Planner Stephen Grittman presented the request of Curt Skallerup for approval of a conditional use permit for an indoor trampoline park. Mr. Grittman noted that the commission considered this request at its September meeting. At that time, questions were raised with regard to shared parking and the appropriateness of this use in the industrial zoning. He explained that a list of questions was forwarded to the applicants and a response was received just prior to this evenings meeting. Mr. Grittman presented staff's analysis of the request and recommended approval at this time based on the information provided by the applicant. Commissioner Field asked if the applicant was present this evening. Mr. Grittman stated the applicant was from out of state and not in attendance this evening. Commissioner Viksnins questioned if the hours of operation should be a condition for approval. Mr. Grittman indicated this could be added by the Commission as a condition for approval. Commissioner Magnuson asked how the onsite signage would be addressed by staff. Mr. Grittman anticipated working with the applicant on this issue along with the property owner. He recommended this be made a condition for approval as well. Planning Commission Minutes October 23, 2012 Chair Norton opened the public hearing. Seeing no one coming forward wishing to speak, Chair Norton asked for a motion to close the public hearing. COMMISSIONER FIELD MOVED, SECONDED BY COMMISSIONER VIKSNINS, TO CLOSE THE PUBLIC HEARING. AYES NAYS COMMISSIONER HENNES MOVED, SECONDED BY COMMISSIONER VIKSNINS, TO RECOMMEND APPROVAL OF THE CONDITIONAL USE PERMIT AS REQUESTED BASED ON THE FINDINGS OF FACT DETAILED IN THE STAFF REPORT WITH THE FOLLOWING CONDITIONS: 1. THE HOURS OF OPERATION SHALL BE MONDAY THROUGH THURSDAY FROM 11:00 A.M. TO 9:00 P.M.; FRIDAY THROUGH SATURDAY FROM 9:00 A.M. TO 12:00 A.M. AND FROM 11:00 A.M. TO 8:00 P.M. ON SUNDAYS. 2. THE APPLICANT SHALL WORK WITH CITY STAFF TO ADD SIGNAGE, PAVEMENT MARKINGS OR OTHER INDICATORS IN THE PARKING LOT AREA THAT WOULD MINIMIZE TRAFFIC CONFUSION FOR THE TRAMPOLINE PARK CUSTOMERS. Commissioner Field questioned if an additional condition should be added to require a minimum number of parking spaces, in case the adjacent use were to change. Mr. Grittman stated this could be added but would be difficult to enforce. He stated the site did have adequate parking at this time. ADDED CONDITION: 3. THERE SHALL BE 60 PARKING SPACES DESIGNATED FOR THE SUGGESTED USE. AYES NAYS Chair Norton advised the City Council would consider this application at its October 30, 2012, meeting. PLANNING CASE #2012 -29 Daniel Fleischhaker 1018 Overlook Road Variance Planner Stephen Grittman presented the request of Daniel Fleischhaker for approval of a variance for more than three doors on a garage. Mr. Grittman noted that this item was discussed by the Commission at their September 24`h meeting. He reviewed the number of garage doors currently allowed by City Code. At the last meeting, the applicant noted there were several homes in Mendota Heights with more than three garage doors. Mr. Grittman noted one of these was approved in error. Mr. Grittman presented staff's analysis of the request and recommended approval of the conditional use permit to allow an attached accessory structure upon the subject property in a size and location proposed with a condition that the applicant amend the proposal to meet the requirement for garage door width. Staff recommends denial of the variance request to construct the garage with a second double garage door based on the fact requisite findings to support a variance are not present. 2 Planning Commission Minutes October 23, 2012 Daniel Fleischhaker, 1018 Overlook Road, commented he spoke with 22 of his neighbors regarding this matter and received signatures supporting his proposed garage. He noted three of his neighbors did not sign or were not available to sign the petition. He indicated he had a large lot with room for the oversized garage. He requested the Commission approve the double door as it was more architecturally appealing and symmetrical. Chair Norton opened the public hearing. Seeing no one coming forward wishing to speak, Chair Norton asked for a motion to close the public hearing. COMMISSIONER NOONAN MOVED, SECONDED BY COMMISSIONER MAGNUSON, TO CLOSE THE PUBLIC HEARING. AYES 6 NAYS 0 COMMISSIONER NOONAN MOVED, SECONDED BY COMMISSIONER MAGNUSON, TO RECOMMEND DENIAL OF THE VARIANCE AS REQUESTED BASED ON THE FINDINGS OF FACT DETAILED IN THE STAFF REPORT. Commissioner Field understood the concerns raised by the applicant this evening, but stated City Ordinance had to be followed. Commissioner Magnuson agreed stating it was unfortunate the property did not have a practical difficulty in this case. Commissioner Viksnins commented the Commission was guided by City Ordinance on this issue and not by the favor of the neighbors. AYES 6 NAYS 0 Chair Norton advised the City Council would consider this application at its October 30, 2012, meeting. PLANNING CASE #2012 -31 David Williams 755 Wentworth Avenue Conditional Use Permit Planner Stephen Grittman presented the request of David Williams for approval of a conditional use permit for a garage greater than 1,200 square feet and a variance for more than three doors on a garage. Mr. Grittman noted that David and Kim Williams wished to construct a new home upon the property located at 755 Wentworth Avenue. Included in the home plans are two attached two -stall garages, each having a double garage door. In total, 1,478 square feet of garage space was proposed. This request appeared before the Commission this past July for a wetland permit to construct a single family home upon the subject property. A site map and floor plan was reviewed in detail. Mr. Grittman presented staff's analysis of the request and recommended approval of the conditional use permit to allow an attached accessory structure upon the subject property in the size and location proposed. Staff believes that while the applicants are proposing to use the property in a manner that is consistent and will have little or no impact on neighboring properties, the applicant can clearly comply with the requirements of the Ordinance and therefore Staff does not support the variance request. David Williams, 18870 Brookwood Road in Prior Lake, thanked the Commission for considering his request this evening. He stated he works in St. Paul, and his children attend St. Thomas Academy and Visitation schools. His Planning Commission Minutes October 23, 2012 family was pleased to have found a lot to build on in Mendota Heights. He commented a four car garage home was designed given the fact he was building on an eight acre parcel and would not visible from the road. In addition, a four -car garage was not uncommon in the city, and referenced the Hidden Creek development. Mr. Williams explained that he felt four doors were appropriate for a four car garage, and that he was proposing to use an aesthetically pleasing garage door. He requested the Commission take into consideration his situation and approve the requested variance. Commissioner Magnuson asked if work on the home had begun. Mr. Williams stated the site had been cleared and footings for his home had been poured. Commissioner Hennes questioned how Mr. Williams would proceed if the variance was denied. Mr. Williams stated he would have to erect one single car door and one double garage door. Chair Norton opened the public hearing. Al Maas, 14551 Judicial Road in Burnsville, explained he was Mr. Williams' general contractor. He indicated he was not aware of the City Ordinance when the home was designed. He was not made aware of the Ordinance until he submitted the building plans. He explained he was not trying to force the issue but had not seen this type of Ordinance throughout his 25 years of building. COMMISSIONER MAGNUSON MOVED, SECONDED BY COMMISSIONER VIKSNINS, TO CLOSE THE PUBLIC HEARING. AYES 6 NAYS 0 COMMISSIONER NOONAN MOVED, SECONDED BY COMMISSIONER VIKSNINS, TO RECOMMEND APPROVAL OF THE CONDITIONAL USE PERMIT AS REQUESTED BASED ON THE FINDINGS OF FACT DETAILED IN THE STAFF REPORT. AYES 6 NAYS 0 COMMISSIONER MAGNUSON MOVED, SECONDED BY COMMISSIONER VIKSNINS, TO RECOMMEND DENIAL OF THE VARIANCE AS REQUESTED BASED ON THE FINDINGS OF FACT DETAILED IN THE STAFF REPORT. Commissioner Field empathized with Mr. Williams and stated that the Commission had to follow City Ordinance. He understood that this garage would not be seen from the roadway. He did not want to see new home construction limited. Commissioner Hennes agreed, but stated both cases should to be treated the same. He suggested the Ordinance be reviewed by the Commission in the near future. Commissioner Magnuson also voiced support for the request, while acknowledging that the Commission was faced with denying this variance. Mr. Williams asked how he could go about proposing a change to the current City Ordinance. Chair Norton suggested Mr. Williams speak with staff regarding this matter after the meeting. He indicated the Commission would be more than willing to consider this request. AYES 6 NAYS 0 Chair Norton advised the City Council would consider this application at its October 30, 2012, meeting. 2 Planning Commission Minutes October 23, 2012 Verbal Review Mr. Sedlacek gave the following verbal review: PLANNING CASE #2012 -27 Mendakota Country Club Wetlands Permit and Variance • Approved by the City Council as recommended by the Planning Commission. PLANNING CASE #2012 -28 Curt Skallerup Conditional Use Permit • Action was tabled by the Planning Commission and discussed this evening. PLANNING CASE #2012 -29 Daniel Fleischhaker Conditional Use Permit • Approved by the City Council as recommended by the Planning Commission. Variance • Action was tabled by the Planning Commission and discussed this evening. PLANNING CASE #2012 -30 Robert Whebbe Conditional Use Permit • Approved by the City Council as recommended by the Planning Commission. Variance • Denied by the City Council as recommended by the Planning Commission. COMMISSIONER MAGNUSON MOVED, SECONDED BY COMMISSIONER FIELD, TO ADJOURN THE MEETING AT 7:52 P.M. AYES NAYS Respectfully submitted, Heidi Guenther, Recording Secretary 5